On 23 January 1996, Gerson Eliazer, a Dutch national, was convicted in the Netherlands Antilles on charges of possession of about one kilogram of cocaine. As he had failed to appear at his trial, he was tried and convicted in proceedings held in absentia. His subsequent cassation appeal was declared inadmissible by the Supreme Court on the ground that he was not eligible to lodge such an appeal because, since he had been convicted in absentia, he should first file an objection against his conviction in order to obtain a retrial.
He complained of lack of access to the Supreme Court and of discriminatory treatment, in that, if he had been present at his trial, he would have been able to lodge a cassation appeal.
Citation: Eliazer v the Netherlands (App no 38055/97) ECHR 16 October 2001
(from the official press-release prepared by the Registry Office of the European Court of Human Rights)